Sec. 342.108. - Persons without certificates representing themselves as contractors.

(a) It is unlawful for a person required to possess, but not possessing, a current contractor certificate: (1) To advertise to the public in a newspaper, airwave transmission or telephone directory or by issuance of a card or otherwise that he or she is a contractor or is qualified to engage in business as a contractor. (2) To hold him or herself out as a contractor as plaintiff or defendant in a court of this State. (3) To claim to be licensed in any offer of services, business proposal, bid, contract, or advertisement, but to not possess a valid competency-based license issued by a local government in Florida to perform the specified construction services. (4) To claim to be insured in any offer of services, business proposal, bid, contract, or advertisement, but whose performance of the subject work is not covered by a general liability or workers' compensation insurance policy. (b) An individual found guilty of a violation of subsection (a) above, or found guilty of a violation of any provisions of F.S. § 489.127(1)—(5), F.S. § 489.132(1), or F.S. § 489.531, may be assessed a civil fine by the Board of up to $1,000 for each occurrence as provided by F.S. § 489.127, and F.S. § 489.531 and ordered to pay restitution to an injured party. (c) An individual whom the Board has found guilty of a second offense of subsection (a) above, or being guilty of a second offense of conducting business without a current contractor certificate, State certification or State registration, when such certificate is required, may be disqualified from applying or testing for a contractor certificate for a period of two years from the date of the Board's final order. (d) Criminal violations. Any person who commits an act prohibited under Section 342.108 (a) or (b), may be charged with a first degree misdemeanor in accordance with F.S. §§ 489.127 and 489.531 and may be punished accordingly. In accordance with F.S. §§ 489.127 and 489.531, any unlicensed person who commits a violation of Section 342.108 (a) or (b) of this Chapter, after having been found previously guilty of such violation, may be guilty of a felony of the third degree. In accordance with F.S. §§ 489.127 or 489.531, any person who refuses to accept a citation commits a second degree misdemeanor. Any unlicensed person who commits a violation of Section 342.108 (a) or (b) during the existence of a state of emergency by executive order of the Governor may be charged with a felony of the third degree, in accordance with F.S. § 489.127. (Ord. 68-61-113; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 13; Ord. 1999-899-E, § 2, 10-18-99; Ord. 2005-1146-E, § 2; Ord. 2009-925-E, § 1) Note— Former § 950.108.